Boxoffice (Jul-Sep 1939)

GOVERNMENT PROPOSES COMPLETING ffllTIAL CHARGES IN B&K SHIT BEFORE WEEK ENDS Sam Meyers Lists First-Class Product From 1935 to 1938 Chicago — Sam Meyers, during his testimony in the criminal contempt case here as a government witness, read from prepared lists his opinion as to the firstclass pictures released during the seasons from 1935-36 to 1937-38, inclusive, by each of the companies, as follows: 20th-Fox M-G-M Univ UA Para Col Warner RKO Indep’s 193536 12 24 2 9 22 6 14 7 1 or 2 193637 17 21 6 8 13 6 10 2 193738 16 28 6 9 12 8 16 6 2 or 3 Meyers, listing his opinion of theatre suitability in the loop for first-run possibilities, listed the ten houses in this order : “Chicago, Oriental, State-Lake, McVickers. United Artists, Palace, Roosevelt, Woods, Garrick and Apollo,” Meyers became tangled in testimony when, after saying “Tovarich,” as a film with a foreign background was unsuccessful, agreed with Robert Golding, B&K attorney, in cross-examination that “Mutiny on the Bounty,” also with a foreign background was a good picture that did good business. To which Golding added: “Then the real truth of the matter is, isn’t it , . , that every man has to use his own judgment (on boxoffice values of films), and sometimes is going to be wrong, isn’t that right?” Meyers’ answer was, “Yes,” Golding began questioning Meyers on production values, when Meyers interrupted with "I am not testifying as an expert on production, only on exhibition,” Golding concluded the day’s session with a question: “After you have shown the picture and counted up the receipts in the boxoffice, then you can tell whether yom* experting was any good?” Meyers’ answer of “Yes; that’s when I am at my best,” wowed the courtroom. Monthly Release Sheets Admitted as Evidence Chicago — Controversy arose in the hearings in the criminal contempt case here over whether to allow the introduction as evidence of the monthly release sheets made up for the Chicago territory by Edward J. Mager, booker for Allied Theatres, This came up during Mager’s testimony as a government witness. Government attorneys introduced the sheets, as prepared by Mager, and again as printed by John Smetana of A,B,C. Printers, to try to prove a uniform clearance system and so-called discriminatory tactics of the distributors. The defense attorneys argued that Mager’s and Smetana’s testimony was incompetent, but Master Edgar Eldredge fi nally ruled to admit the matter subject to the objections. Fred Pride, attorney for 20th CenturyFox, from New York, directly asked Mager whether the release schedules were made up “at the instigation and solicitation of any of the distributors themselves,” to which the Allied booker answered: “No, they were not.” Smetana’s answer to the same question by Pride, was similar to that of Mager’s. Among those in court during the last two weeks, either as witnesses or spectators, were all branch managers (except Columbia’s Phil Dunas), John and Dave Balaban, Edwin Silverman, Emil Stern, Joe Kaufman, B&K booker; Lewis Jacobson, attorney for Frank Ford in the latter’s anti-trust suit; Joseph and Ben Rosenberg, and Aaron Stein, Allied attorneys; Sam Meyers, and several other exchange men. Indiana ATO Funfest Held At Lake Wawasee, Ind. Lake Wawasee, Ind. — The second annual convention and funfest of Associated Theatre Owners of Indiana was held at the Spink-Wawasee Hotel here July 5-7. There were several business sessions, with the committee in charge consisting of Marc J. Wolf, chairman; Ernest L. Miller, I. R. Holycross and Don R. Rossiter. On the lighter side was a program of outdoor activities which took up tlve greater part of the three days. Theatre owners from practically every city in the state turned out. RKO Plans to Construct Exchange Buildings Chicago — A. A. Shubert, head of exchange operations for RKO, was due here this week to confer with Walter Branson, district manager, on plans for new exchange buildings for Chicago and Milwaukee. The Chicago structure is expected to be in the 1300 block on South Wabash, in the midst of the now compact Filmrow. Adjournment to Sept. 5 Follows; Silverman, Meyers, Testify By GENE RICH Chicago — The government hoped to conclude its initial presentation in the criminal contempt charges against Barney Balaban, B&K and the majors (except Columbia) this week, when the case was to be adjourned by Special Master Edgar Eldredge until September 5. Defense attorneys were of the opinion that the government attorneys, Robert Wright and Seymour Simon, would not introduce any outstanding data or testimony in the hearings, resuming Wednesday after the holiday weekend. However, upon direct questioning by Boxoffice, Simon said; “We’ll introduce everything we have this week and have the case completed as far as we are concerned, except for some statistical data.” Meanwhile, Filmrow was still buzzing over the testimony of Edwin Silverman of Essaness Theatres, and Sam Meyers, operator of theatres in Chicago’s north suburbs, who were introduced as acknowledged “theatre operation experts,” by the government’s attorneys. Defense attorneys continually harangued the witnesses and the questioning government attorneys with objections, most of which were overruled by Master Eldredge. Silverman’s testimony related to his negotiations for the leasing of the Oriental Theatre last fall (which were reported at that time first by Boxoffice) and his acquisition of United Artists’ product firstrun for the loop. He also discussed his ideas of motion picture exhibition, and gave his definition of “first-class” product. Highlighted here is a considerable portion of Silverman’s testimony, taken from the court record: Simon, in questioning Silverman to establish his ability as an expert witness, reviewed the Essaness head’s career to show his knowledge of the industry. Asked by Simon to define first-class pictures, Silverman answered: “A first-class picture, in my opinion, would be a quality picture which had an adequate sum spent on it to insure a good production, it should be written by good writers, the cast should include well-known people who are good actors or actresses; it should be well-publicized ... an intelligent and appealing picture should be created so as to induce people to patronize the theatre.” Silverman then told of his negotiations to obtain United Artists product, beginning with conferences with George J. Schaefer, then general manager of UA, in New York, at which also was present James Coston, zone manager of Warner Theatres in Chicago. Silverman explained they were in Schaefer’s office, who “happened to be 40 BOXOFFICE :; July 8, 1939